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Thursday, March 29, 2012

Pinny Ringel Settles Hikind Absentee Eligibility Issue

UPDATE, March 30 12:25: Pinny Ringel puts to rest our questions if Hikind was eligible to vote absentee. He tweets to OP that "to my knowledge he left for Albany after the presser and was there for the rest of the week." Thanks for the information. So as it stands now, and we believe Hikind's version, he may be the one decisive vote for Storobin.

And Joseph Hayon points out that Hikind was eligible to vote absentee even if he was home.

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While it may be impossible to verify for whom Dov Hikind voted, I'm wondering if he was eligible to vote absentee at all.

To vote absentee, one must be absent from the city on Election Day. Dov had a press conference in the city on Monday, March 19. On Tuesday, Election Day, he wrote about battling in Albany for Yeshiva transportation, though he doesn't say that the meeting took place on that day. Anyhow, the question is what time he left for Albany. Did anybody spot him in Borough Park on Election Day? If so, he wasn't eligible to vote absentee.

Let's have one camp challenge his vote - it will be easier now, since it's not the decisive one - so we will find out for whom he voted, by seeing who is losing his absentee vote in that ED.

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3 comments:

  1. 123April 2, 2012 at 6:01 PM

    Joseph Hayom emailed me:

    The law allows a voter to be present on election day as long as the voter intends to be out of the area on election day.

    Since Dov Hikind expected to be in Albany on election day, he is permitted to vote absentee even if he was sitting in his house all day long.

    There is nothing in New York Constitution, Election Law or case law that requires actual absence of voter during
    time polls are open for otherwise proper absentee ballot to be validly cast and canvassed. Sherwood v Albany County
    Bd. of Elections (1999, 3d Dept) 265 App Div 2d 667, 696 NYS2d 287, app den (1999) 94 NY2d 754, 700 NYS2d 427,
    722 NE2d 507.

    County board of elections was properly directed to open and count absentee ballots of voters who had good-faith
    belief that they would be outside county on day of election although they were in fact within county during voting hours
    on that day. Sherwood v Albany County Bd. of Elections (1999, 3d Dept) 265 App Div 2d 667, 696 NYS2d 287, app
    den (1999) 94 NY2d 754, 700 NYS2d 427, 722 NE2d 507.
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    1. 123April 2, 2012 at 6:03 PM

      And my response:

      Thanks,

      I saw several places the language that one have to be unavoidbly absent, like here
      http://www.longdistancevoter.org/new_york

      I think if he was actually home on that day at least allows a challange (the unavoidibility is anyway in questions, given that he was home a day before and had time to get to Albany after the boots opened. If he was actually home, this would further undermine the unavoidibility)

      Delete
    2. 123April 2, 2012 at 6:32 PM

      Hayon further replied:
      This is the only source that counts.
      http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$ELN8-400$$@TXELN08-400+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=09533654+&TARGET=VIEW

      "he or she expects to be:
      (a) absent from the county of his or her residence, or, if a resident
      of the city of New York absent from said city"
      As a former and possible future candidate he knows these stuff better than me, I concede.

      Delete